The Cognizance Of The Social Risk Elements Of The Arrest

The impact of China’s "constitute crime that catch" concept, arrested necessity condition since long useless, arrest measures are widely used, bring huge damage to the personal rights of persons arrested. In 2013, "Criminal Procedure Law" revised the conditions of arrest, in the form of the basic law enumerates five kinds of the legal situation of danger to the society, its essence is to arrest the necessary conditions of modification, which for the judicial staff in arresting action to have the very good guiding role, also maintain the legitimate rights the suspect, the defendant has very important significance. But that can not be ignored, since the new criminal law promulgated and implemented, the high rate of arrest has not been effectively curbed, of course, this and our country long-standing internal error concept of law enforcement, judicial organs not reasonable evaluation mechanism has the very big relations, and social danger to piece itself recognized standards, review the mechanism is not sound and the other problems can not be ignored. This paper takes A city of F province of basic level people’s Procuratorate for arrest as samples, the related data and combined with the inspection, the social risk elements for analysis to find out the reasons, finally put forward the perfect social risk elements of the proposal.This paper is composed of four parts, the first part is an overview of social risk elements. In this part, first expounded the meaning of social risk; then from the conditions of arrest system to understand the social risk, the core is the demonstration of the arrest conditions, social risk identification is to decide whether to apply the elements of the key link of arrest; finally elaborated social danger condition clear significance.The second part is the analysis of empirical social danger condition for judicial application. The author takes the case interview, questionnaire survey way to A province F city Y District People’s Procuratorate to carry on the investigation and study, reveals the social risk elements exist in the identification of the problem. The major problems with social risk review is not strict, recognized standards, too much emphasis on strengthening factors, lack of comprehensive grasp, do not attach importance to the collection of evidence and other issues.Analysis of the causes of the third part is the social risk condition of the existence of problems in the application of the. According to the second part research the problem reflected on four aspects reasons, can be summarized as the concept of law enforcement bias, evaluation mechanism is not reasonable, the review mechanism is not perfect and the substitutive measure of detention is not perfect.The fourth part is the analysis of the causes of the problems described in and after, the author put forward the suggestion of perfecting. The author thinks, in order to reduce the rate of pre-trial detention, improve the social risk elements is the key. Should from the unity of social risk awareness, the establishment of social risk proof mechanism, improve the substitutive measure of detention, a sound social hazard review mechanism and so on several aspects.